47 U.S.C. § 395 — Assistance for demonstration projects

Page 234 TITLE 47—TELECOMMUNICATIONS § 395 1 So in original. Probably should be ‘‘within’’. $6,000,000 for fiscal year 1994 to be used by the Secretary to carry out the provisions of this sec- tion. Sums appropriated under this subsection for any fiscal year shall remain available for contracts and grants for projects for which ap- plications approved under this section have been submitted wtihin 1 one year after the last day of such fiscal year. (i) Definitions For purposes of this section— (1) the term ‘‘educational television pro- gramming for children’’ means any television program which is directed to an audience of children who are 16 years of age or younger and which is designed for the intellectual de- velopment of those children, except that such term does not include any television program which is directed to a general audience but which might also be viewed by a significant number of children; and (2) the term ‘‘person’’ means an individual, partnership, association, joint stock company, trust, corporation, or State or local govern- mental entity. (June 19, 1934, ch. 652, title III, § 394, as added Pub. L. 101–437, title II, § 203(a)(3), Oct. 17, 1990, 104 Stat. 998; amended Pub. L. 102–538, title I, § 152, formerly § 132, Oct. 27, 1992, 106 Stat. 3540, renumbered § 152, Pub. L. 103–66, title VI, § 6001(a)(2), Aug. 10, 1993, 107 Stat. 379.) Editorial Notes PRIOR PROVISIONS A prior section 394, act June 19, 1934, § 394, was renum- bered section 393A by Pub. L. 101–437 and transferred to section 393a of this title. Another prior section 394, act June 19, 1934, § 394, was renumbered section 397 by Pub. L. 90–129 and trans- ferred to section 397 of this title. AMENDMENTS 1992—Subsec. (h). Pub. L. 102–538 substituted ‘‘1991,’’ for ‘‘1991 and’’ and inserted ‘‘, $5,000,000 for fiscal year 1993, and $6,000,000 for fiscal year 1994’’ after ‘‘1992’’. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the Presi- dent or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by Congress, its duration is other- wise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. CONGRESSIONAL FINDINGS Pub. L. 101–437, title II, § 202, Oct. 17, 1990, 104 Stat. 997, provided that: ‘‘The Congress finds that— ‘‘(1) children in the United States are lagging be- hind those in other countries in fundamental intellec- tual skills, including reading, writing, mathematics, science, and geography; ‘‘(2) these fundamental skills are essential for the future governmental and industrial leadership of the United States; ‘‘(3) the United States must act now to greatly im- prove the education of its children; ‘‘(4) television is watched by children about three hours each day on average and can be effective in teaching children; ‘‘(5) educational television programming for chil- dren is aired too infrequently either because public broadcast licensees and permittees lack funds or be- cause commercial broadcast licensees and permittees or cable television system operators do not have the economic incentive; and ‘‘(6) the Federal Government can assist in the cre- ation of children’s educational television by estab- lishing a National Endowment for Children’s Edu- cational Television to supplement the children’s edu- cational programming funded by other governmental entities.’’ SUBPART C—TELECOMMUNICATIONS DEMONSTRATIONS § 395. Assistance for demonstration projects (a) Authorization for grants and contracts It is the purpose of this subpart to promote the development of nonbroadcast telecommuni- cations facilities and services for the trans- mission, distribution, and delivery of health, education, and public or social service informa- tion. The Secretary is authorized, upon receipt of an application in such form and containing such information as he may by regulation re- quire, to make grants to, and enter into con- tracts with, public and private nonprofit agen- cies, organizations, and institutions for the pur- pose of carrying out telecommunications dem- onstrations. (b) Application approval The Secretary may approve an application submitted under subsection (a) if he determines that— (1) the project for which application is made will demonstrate innovative methods or tech- niques of utilizing nonbroadcast telecommuni- cations equipment or facilities to satisfy the purpose of this subpart; (2) demonstrations and related activities as- sisted under this subpart will remain under the administration and control of the appli- cant; (3) the applicant has the managerial and technical capability to carry out the project for which the application is made; and (4) the facilities and equipment acquired or developed pursuant to the application will be used substantially for the transmission, dis- tribution, and delivery of health, education, or public or social service information. (c) Contract with applicant Upon approving any application under this subpart with respect to any project, the Sec- retary shall make a grant to or enter into a con- tract with the applicant in an amount deter- mined by the Secretary not to exceed the rea- sonable and necessary cost of such project. The Secretary shall pay such amount from the sums available therefor, in advance or by way of reim- bursement, and in such installments consistent with established practice, as he may determine. (d) Use of funds Funds made available pursuant to this subpart shall not be available for the construction, re- modeling, or repair of structures to house the Page 235 TITLE 47—TELECOMMUNICATIONS § 396 facilities or equipment acquired or developed with such funds, except that such funds may be used for minor remodeling which is necessary for and incidental to the installation of such fa- cilities or equipment. (e) ‘‘Nonbroadcast telecommunications facilities’’ defined For purposes of this section, the term ‘‘non- broadcast telecommunications facilities’’ in- cludes, but is not limited to, cable television systems, communications satellite systems and related terminal equipment, and other modes of transmitting, emitting, or receiving images and sounds or intelligence by means of wire, radio, optical, electromagnetic, or other means. (f) Funding The funding of any demonstration pursuant to this subpart shall continue for not more than 3 years from the date of the original grant or con- tract. (g) Summary and evaluation The Secretary shall require that the recipient of a grant or contract under this subpart submit a summary and evaluation of the results of the demonstration at least annually for each year in which funds are received pursuant to this sec- tion. (h) Recordkeeping requirements; accessibility (1) Each recipient of assistance under this sub- part shall keep such records as may be reason- ably necessary to enable the Secretary to carry out the Secretary’s functions under this sub- part, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (2) The Secretary and the Comptroller General of the United States, or any of their duly au- thorized representatives, shall have access for the purposes of audit and examination to any books, documents, papers, and records of the re- cipient that are pertinent to assistance received under this subpart. (i) Rules and regulations The Secretary is authorized to make such rules and regulations as may be necessary to carry out this subpart, including regulations re- lating to the order of priority in approving ap- plications for projects under this subpart or to determining the amounts of grants for such projects. (j) Assistance The Commission is authorized to provide such assistance in carrying out the provisions of this subpart as may be requested by the Secretary. The Secretary shall provide for close coordina- tion with the Commission in the administration of the Secretary’s functions under this subpart which are of interest to or affect the functions of the Commission. The Secretary shall provide for close coordination with the Corporation in the administration of the Secretary’s functions under this subpart which are of interest to or af- fect the functions of the Corporation. (k) Authorization of appropriations There are authorized to be appropriated $1,000,000 for each of the fiscal years 1979, 1980, and 1981, to be used by the Secretary to carry out the provisions of this subpart. Sums appro- priated under this subsection for any fiscal year shall remain available for payment of grants or contracts for projects for which applications ap- proved under this subpart have been submitted within one year after the last day of such fiscal year. (June 19, 1934, ch. 652, title III, § 395, as added Pub. L. 95–567, title II, § 201, Nov. 2, 1978, 92 Stat. 2409.) Editorial Notes PRIOR PROVISIONS A prior section 395, act June 19, 1934, ch. 652, title III, § 395, as added May 1, 1962, Pub. L. 87–447, 76 Stat. 67; amended Nov. 7, 1967, Pub. L. 90–129, title II, § 201(2), 81 Stat. 367; June 5, 1976, Pub. L. 94–309, § 5, 90 Stat. 684, re- lated to assistance of the Secretary by the Commission, prior to repeal by Pub. L. 95–567, § 201. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 2, 1978, see section 403 of Pub. L. 95–567, set out as an Effective Date of 1978 Amend- ment note under section 390 of this title. SUBPART D—CORPORATION FOR PUBLIC BROADCASTING § 396. Corporation for Public Broadcasting (a) Congressional declaration of policy The Congress hereby finds and declares that— (1) it is in the public interest to encourage the growth and development of public radio and television broadcasting, including the use of such media for instructional, educational, and cultural purposes; (2) it is in the public interest to encourage the growth and development of nonbroadcast telecommunications technologies for the de- livery of public telecommunications services; (3) expansion and development of public tele- communications and of diversity of its pro- gramming depend on freedom, imagination, and initiative on both local and national lev- els; (4) the encouragement and support of public telecommunications, while matters of impor- tance for private and local development, are also of appropriate and important concern to the Federal Government; (5) it furthers the general welfare to encour- age public telecommunications services which will be responsive to the interests of people both in particular localities and throughout the United States, which will constitute an ex- pression of diversity and excellence, and which will constitute a source of alternative tele- communications services for all the citizens of the Nation; (6) it is in the public interest to encourage the development of programming that in-